Skip to main content
Brian C Andritch
Avvo
Pro

Brian Andritch’s Answers

224 total


  • Sentencin for a assualt GBI

    my brother is 20 yrs old an he has no criminal record its his first time bein locked up in jail. so what i would like to know if he is bein charged for assualt gbi in california how much time can he get they told him that the most is 4 rys can he ...

    Brian’s Answer

    I am always reluctant to advise someone as to how much time they might receive without knowing details about the alleged crime as well as details about the accused.

    The least amount of time he could get is no time. Who's to say he's going to get convicted. I almost always initially approach a case hoping to avoid a conviction. Just because he's charged doesn't mean he's going to get convicted. Are there witnesses? Are the witnesses willing to testify in court? What is the background of the witnesses, do they have criminal records? Did your brother make a statement and if so, what did he admit to?

    If your brother is convicted there is a range of possible sentences depending on exactly what he is convicted of. Courts are supposed to balance aggravating factors and mitigating factors about the crime as well as the person to determine a sentence. The fact that he doesn't have a criminal record would be a mitigating factor. If the injury is very serious that would be a aggravating factor. A lot depends on the specific facts of each case. Also, people who take "deals" often get sentenced to less time than those who go to trial and are convicted.

    Brian Andritch
    Law Office of Brian C. Andritch

    See question 
  • My 18 year old son is in Custody in Fresno County Jail as of 1/26/12. i'm told he took a bottle of beer and left the store.

    His Charges are PC459C. He has no other arrests on his record. His bail is set for $10,000. Should I bail him out or wait for him to be released on O.R.? Frankly I like him there because I know it's a big bummer for him and hopefully he won't repe...

    Brian’s Answer

    I agree with the other attorney's; he will likely be released by the judge on his own recogniconce or will be released by the jail due to jail overcrowding. In the grand scheme of things this is not the most serious case in the world.

    Whether or not you hire an attorney is a totally separate issue. While this isn't the most serious case in the world, it is a felony. Having a felony conviction on one's record poses many difficulties. Future employers would have to be notified and it makes the odds of actually getting employment substantially less. There are other consequences as well.

    There are many fine Public Defenders, the problem is that they just have too many cases to handle and you will not get much personal attention. If you expect to be able to discuss your son's situation with his attorney you should probably hire a private attorney if you can afford one.

    Brian Andritch
    559-355-4709

    See question 
  • Can I file a motion to dismiss my DUI case? (California)

    Two charges on my ticket were 22356(a) & 22356(b) both are speeding. My question is I was arrested for a DUI 3rd and he wrote DUI on the ticket along with .08 or higher. The officer also marked infractions on my ticket. I performed poorly on my...

    Brian’s Answer

    Minor errors in paperwork can easily be corrected by the law enforcement officer. I would expect you to get an amended citation in the mail.

    Field Sobriety Tess can be a big issue in a DUI case, especially in a case where the blood alcohol content isn't excessive. In addition to the temperature an experienced DUI practitioner should have a lot of questions about how the Field Sobriety Tests were conducted. Some of things I would want to know about are: lighting in the area, weather conditions, what was the surface like where you took the tests. I would also want to know whether or not you have any health issues which could affect your performance on the FSTs. If this is a CHP case, the FSTs may be on video as they now have dash cameras in many of their vehicles.

    I am often asked about the police not advising people of rights. Unfortunately, most of the time in DUI cases the police don't need to inform you of your rights. Police must inform people of their rights (Miranda Rights - right to remain silent and not answer questions) before an in custody interrogation. In your typical DUI investigation it sure seems like the suspect is undergoing a custodial interrogation; however, courts disagree. All the questions before being arrested about when you ate, what you ate, when you drank, what you drank, whether you drove, where you drove from, an so on have been held by the courts not to be a custodial interrogation so Miranda is not needed to ask these questions. Once the police officer places you under arrest they would need to Mirandize you at this time; however, in a DUI case they have already gotten all the answers they need so the police normally don't ask any more questions or as the courts see it, the police never conduct a custodial interrogation.

    The consequences for a 3rd DUI can be severe. You need to contact a DUI attorney now. At a minimum I would start attending AA meetings and have the Secretary of each meeting sign an attendance sheet for you. You should also start looking into inpatient alcohol treatment. A 3rd DUI requires a minimum of 120 days in custody. If you get convicted an attorney may be able to convince a judge to let you do in-patient treatment and not jail. You are also facing a 3 year license revocation.

    Brian Andritch

    See question 
  • Expunging a DUI

    On 9/10/2010 I plead guilty to 23152(a) VC. I was put on informal probation, I believe, for 3 years. I've stayed out of trouble since that incident. Now my question is, Is it possible to get that DUI expunged of my record? I am in the search for...

    Brian’s Answer

    The advice already given is right on, however, there are some things you need to get done before even considering seeking early termination of probation and a dismissal pursuant to Penal Code 1203.4. Have you completed everything required by the judge? DUI class, community service/jail time, all fines paid, attended MADD victim impact class, and anything else required by the judge? If not, you need to get these things done before seeking early termination of probation and a PC1203.4 dismissal.

    Brian Andritch

    See question 
  • How much time could you get if you fled the country on a invoulantary manslaughter?

    If i were to flee country on invoulntary manslaughter how much time would i get for fleeing and could the charge change to manslaughter since i fled?

    Brian’s Answer

    Manslaughter is a serious charge. You need to talk to an attorney right away.

    I am assuming you are talking about vehicular manslaughter involving alcohol since this question was posted in the DUI section. Were you only charged with manslaughter or have you been convicted? Which type of manslaughter? If my assumption regarding this being vehicular manslaughter involving alcohol is correct there is still a lot more information an attorney would want from you. Was gross negligence alleged? If so, the exposure is ten years.

    By the way, Kings County doesn't exactly have a reputation of being lenient. You need to talk to an attorney in your area who handles these types of cases right away.

    Brian Andritch
    559-355-4709

    See question 
  • What steps I take after receiving an arrest warrant?

    I recieved an arrest warrant from the da wefare fraud investigations. The notice says to make a court date and if I fail to contact them then the local law enforcement agency will be notified and I will be arrested. How long do I have before that ...

    Brian’s Answer

    While my colleagues answers are legally sound and perhaps great advice in other counties, I don't believe any of they practice in Fresno County. Each county varies regarding their practices and procedures.

    You essentially received a letter from the District Attorney informing you that they filed criminal charges against you. I'm guessing this isn't a huge surprise to you because the DA's Office probably met with you prior to filing charges and may have gotten your statement. If not, I'm sure they tried to meet with you.

    As I previously stated, the District attorney filed charges against you. Assuming the DA is following their normal procedures they also sought an arrest warrant when they filed the complaint. You can do nothing and eventually you will get arrested on the warrant or you can go to the Fresno Superior Court at 1100 Van Ness and put your matter on calendar. You will need to go to the Court Clerk's Office on the Fourth floor to accomplish this. You will not be arrested when you go to the Clerk's office; however, when you finally do get to court you may be remanded. You need to contact an attorney to discuss your case in detail.

    The letter also asks you to inform the DA of the court date once you go to the Clerk's Office and put your matter on calendar. You are under no obligation to do this.

    Brian Andritch
    559-355-4709

    See question 
  • I was convicted of petty theft three years ago i never paid my court fine now i have a warrant for my arrest

    from walmart

    Brian’s Answer

    I assume you are asking what you should do about this? First, I would contact the attorney who originally helped you with this case as they are most familiar with your situation. If you did not have an attorney and can afford one you should set up a meeting today. You never know when law enforcement will decide to serve the warrant and I doubt you feel like getting arrested.

    Hopefully an attorney will be able to keep you out of jail, but a lot more information is needed to reliably predict this.

    - What have you been doing over the past three years?
    - Do you have any subsequent arrests?
    - Did you comply with the other terms of probation? (Petty Theft Class, Community Service...)
    - Have you had any other violations of probation?

    These are just a few of things an attorney will want to talk to you about and will also affect what a judge ultimately decides. Please realize that if the judge does reinstate probation it will probably get extended a period of time. Just because it has been three years doesn't mean you are going to be done with probation if reinstated.

    Brian Andritch
    559-355-4709

    See question 
  • When you broke your probtion and get in trouble off gun possing what is the c

    im on probation see my consler and have to call evey month im in trouble now off missing gun i been on hold for 5 month now i been charge off failted my probtion and im looking at 2 and half what is my option

    Brian’s Answer

    I'm really not sure what your question is. Are you facing new charges, a violation of probation, or both? What are you on probation for? Do you have a prior criminal record and if so, what is it? Is this your first probation violation? If not, how many prior violations has there been.

    Please try to provide some of this information and I will gladly answer your question.

    Brian Andritch
    559-355-4709

    See question 
  • Can they revoke my dl-for-100mph

    i got speed in excess of 100mph the cop said if i try to fight, it he will get the judge to revoke my licence, i did not think i was going that fast.

    Brian’s Answer

    Yes, a court may suspend your license for driving in excess of 100 mph. Below is the text of relevant Vehicle Code Section.

    22348
    (b) A person who drives a vehicle upon a highway at a speed
    greater than 100 miles per hour is guilty of an infraction
    punishable, as follows:
    (1) Upon a first conviction of a violation of this subdivision, by
    a fine of not to exceed five hundred dollars ($500). The court may
    also suspend the privilege of the person to operate a motor vehicle
    for a period not to exceed 30 days pursuant to Section 13200.5.

    Attorneys are often able to negotiate plea deals avoiding a license suspension. A lot will depend on your driving record and how much over 100 mph you were traveling.

    Brian Andritch
    559-355-4709

    See question 
  • Can someone be violated on probation after he has already served time?and why does it keep getting postponed whn we go to court

    this man has a dv case with a prior served time for one of them, recieved probation, got anothr dv served time, community served, and now anothr county is trying to violate his probation for his second one. can dey do that, if hes served time for it

    Brian’s Answer

    In short, yes. Probation for a domestic violence case is typically between three and five years. There are terms of probation which must be abided by or you are in violation of probation. Obeying all laws is a standard term of probation. By getting arrested for a new domestic violence case and getting convicted they necessarily did not obey all laws. The person in your example served time for their new case, but they may not be done with custody time. They may still have to serve time for the first case because they violated probation by not obeying all laws.

    Law Office of Brian C. Andritch
    559-355-4709

    See question